Manipur fake encounters: SC dismisses cops' plea for recusal of bench

Supreme Court Representational image

The Supreme Court on Monday dismissed a plea filed by some Manipur Police personnel seeking recusal of judges of the bench deciding fake encounter cases in the state about which a CBI special investigation team (SIT) is carrying out a probe.

A bench comprising Justices Madan B. Lokur and U.U. Lalit said that there was no reason for these Manipur policemen to doubt the CBI SIT and the probe conducted by it in these cases.

The Supreme Court bench said the institutional integrity of the judiciary and the CBI must be maintained.

The Supreme Court order came on a plea filed by some Manipur Police personnel, who had sought recusal of judges of the bench, claiming that it had earlier termed as “murderers” some accused, who were charge-sheeted by the SIT in the encounter cases.

The Centre had on September 28 supported the plea by the Manipur policemen and questioned the Supreme Court for its reported remark, saying it had "completely shaken" the morale of the armed forces and security personnel operating in insurgency-hit areas.

The Supreme Court, which is hearing a PIL seeking a probe into as many as 1,528 cases of alleged extra-judicial killings in Manipur, had on July 14 last year constituted the SIT and ordered lodging of FIRs and a probe into them.

The Supreme Court bench had said that the oral remarks by the bench during the hearing on July 30 was not "designed or directed" against any individual as it had happened during the discussion in the court with the CBI director.

Justice Lalit had said that on July 30, they were asking the CBI director, who was then present in the court, about the status of the Manipur fake encounters case. The Supreme Court was informed that till then, 14 persons were charge-sheeted for the alleged offences of murder, criminal conspiracy and destruction of evidence by the SIT.

Senior lawyer Mukul Rohatgi, appearing for petitioners, had told the Supreme Court that persons who were charge-sheeted had a "genuine apprehension" that they would not get a fair trial and impartial justice due to remarks by the bench.

While making it clear that nobody was saying that the Supreme Court was "biased", Rohatgi had said that these persons, having been charge-sheeted for the offence of murder, were facing the charge of life or death.

Senior advocate Colin Gonsalves, who was representing petitioners in the main case related to alleged fake encounters in Manipur by the Army, Assam Rifles and state police, had said the Supreme Court bench should not recuse from hearing the matter as it had not said that these accused were "murderers".

The bench after hearing the submissions had reserved its order on the application seeking its recusal from hearing the matter.